"Social Security is guaranteed in our Constitution." In light of above statement, how does Article 43 of Constitution requires the state to secure living wage?
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · June 2024
"Social Security is guaranteed in our Constitution." In light of above statement, how does Article 43 of Constitution requires the state to secure living wage?
Answer & Explanation:
Article 43 of the Indian Constitution requires the state to endeavour to secure, by suitable legislation, or economic organisation, or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full employment of leisure and social and cultural opportunities. In particular, the state is to promote cottage industries on an individual or co-operative basis in rural areas. Article 43 imposes an obligation towards ensuring the provision of a 'living wage' in all sectors as well as acceptable conditions of work. This provision enunciates the revolutionary doctrine that employees are entitled as of right to certain reliefs. A 'living wage' is such wage as enables the male earner to provide for himself and his family not merely the bare essentials of food, clothing and shelter, but includes education for children, protection against ill-health, requirements of essential social needs, and a measure of insurance against the more important misfortunes including old age. A 'minimum wage', on the other hand, is just sufficient to cover the bare physical needs of a worker and his family. Minimum wage is to be fixed in an industry irrespective of its capacity to pay. Fixation of minimum wage is in public interest and does not impose an unreasonable restriction on the right to carry on a trade guaranteed by Article 19(1)(g). (Edward Mills Co. v. Ajmer, AIR 1955 SC 25).
Topics: Constitutional Law
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